Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder direction has been sought for upon the respondents not to acquire the land of the petitioners appertaining to Mouza Phutabandh, Plot No.181 within the district of Deoghar which was settled in the name of ancestors by the Pradhan by way of Patta which was affirmed by the competent court of civil jurisdiction, without initiating any proceeding for acquisition of land, therefore, the present writ petition.
(2.) The brief facts of the case of the petitioners as per the pleadings made in the writ petition is that the petitioner No.1 claims to be the owner of the land pertaining to Plot No.181 which was initially settled in the name of Uma Charan Modi by the then Pradhan by way of Patta and since then his family members are enjoying peaceful possession over the said land. In the year 1979, a proceeding was initiated under the provision of Land Acquisition Act, 1894, in pursuance thereto, steps have been taken by the State authority for acquisition of the land which ultimately culminated into land acquisition proceeding in which award has been passed.
(3.) It appears from Annexure-3 that one Dendayal Modi, the petitioner No.3 herein, has made an application under Section 30 of the Land Acquisition Act, 1894 for adjudication about enhancement of the quantum of amount of compensation which was disallowed, however, holding them entitled to interest @ 6 % per annum as equitable relief as they have been deprived of the payment for a long time and accordingly, the reference has been answered in favour of the petitioners, namely, Din Dayal Modi and others.;